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The Right to Manage Coastal Tourism to Support Indigenous People's Income in the Perspective of Coastal Community Welfare Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.1839

Introduction: The right to manage coastal tourism to support the customary income of the land of West Seram Regency from the perspective of the welfare of coastal communities, where it can be said that tourism management is one of the efforts made by the community and government to preserve tourist attractions.Purposes of the Research: The tourism management responsibilities that are interesting to carry out research, especially the tourism management of Negeri Eti in the Baray part of Seram Regency and providing management obligations to the Negeri Eti community in the West Seram Regency as well as research related to the welfare allocation or it could be said to be the results of the allocation of customary land to be managed for beach tourism.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results of the Research: The results of this research show that developing tourism potential in an area requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. There is Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources. Eti Village, West Seram District, Maluku Province, can be implemented by Eti Village to provide welfare for coastal indigenous communities in the future.

Penerapan Prinsip Kehati-hatian Pada Data Nasabah Pinjaman Secara Online Metanila, Meyske Adriani; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2102

Introduction: Process of providing loans without intermediaries such as banks and credit institutions, there is a special website in the form of an implementation platform where the user can become a giver. In online loans, some are guaranteed and some are without collateral, this can lead to misuse of personal data for users of financial technology services.Purposes of the Research: The purpose of writing this thesis is to find out and explain the application of the precautionary principle of online loan customer data and how the form of legal protection for online loan customer data.Methods of the Research: The research method used in this study is normative juridical with a conceptual approach and statutory regulations and legal materials used are primary and secondary legal materials.Results of the Research: The The results of this study indicate that financial technology is an innovation or a combination of conventional banking credit agreement systems with a touch of modern technology. The system for managing credit agreements in financial technology includes: Basic Banking Law No. 10 of 1998, Bank Indonesia Regulation (PBI) No. 19/12/PBI/2017 concerning the Implementation of Fintech, Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Money Borrowing Services Digital Financial Services, then Regulations regarding the principle of prudence in fintech credit agreements have the same rights and obligations between conventional credit agreements with fintech.

Pandemi Covid-19 Sebagai Bentuk Overmacht Terjadinya Wanprestasi Kredit di Bank Mual, Yansen; Tjoanda, Merry; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1951

Introduction: The impact of Covid-19 is the weakening of the Indonesian economy, due to restrictions on activities in the business sector which show the majority of the implementation of the rights and obligations in the agreement.Purposes of the Research: The purpose of this study is to find out whether the Covid-19 Pandemic is a Form of Overmacht Credit Default in Banking and How is Credit Default Settled Due to the Covid-19 Pandemic in Banking.Methods of the Research: The research method used is normative juridical research or literature study with a descriptive analytical research type which is a method that functions to describe or provide an overview of the object under study through legal sources.Results of the Research: The results of the research carried out must be understood that three things must be checked so that the persuasive situation clause can be applied. First, the facts must be beyond the control of the parties. Second, the ability of the parties to carry out their contractual obligations cannot be carried out due to the event that hinders them. Third, the parties have taken all steps to try to mitigate the risks that arise as a result of the event or the occurrence of such compelling circumstances. In the context of the spread of Covid-19, the first and second criteria of coercion can be said to have been met. The reason is that Covid-19 directly or indirectly has an impact on the performance and capacity of the parties so that it affects the ability to fulfill the agreement contained in the contract.

Perlindungan Hukum Terhadap Konsumen Pengguna Jasa Ekspedisi Pengiriman Barang (Studi Pada Pt. J&T Kota Ambon) Surachim, Muhammad Oghan; Pesulima, Theresia Louize; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13781

ABSTRACT: J&T is an industry that provides goods delivery services both in the form of documents and packages. J&T is a new industry that utilizes IT in providing its services, with the advantage of providing goods and services so that customers do not need to come to the J&T office when they want to send and receive goods. Sometimes delivering goods is not always easy, for example, goods agreed upon by both parties have been sent but do not arrive at the destination address, goods arrive late, are lost or damaged during the delivery process. The research method used in this research is normative juridical, normative juridical research is legal research (legal search) which is carried out to find the truth of coherence, this writing focuses on literature study which means more research and study of existing and applicable legal regulations. In general PT. J&T is a technology-based delivery company that provides goods and document delivery services to all areas covered by PT. J&T is included in Ambon City. Service users only need to pay a certain amount of money to PT. J&T as a fee for sending goods to the specified address. However, in every delivery of goods, of course there are several problems found during the shipping and delivery process which cause losses for consumers. In this case PT J&T Ambon does not fulfill the rights of consumers, such as in the case of consumer rights which are not fulfilled because the goods delivered do not reach the hands of consumers. The issue of consumer protection is not solely an individual problem, but is actually a collective and national problem because basically everyone is a consumer. As users of goods delivery services, consumers need to obtain legal protection in order to protect their interests. Seeing this situation, the government issued a policy regulating consumer rights through law to protect consumer interests in consuming goods and/or services. This government policy is regulated in the UUPK.

Kedudukan Hak Cipta Sebagai Jaminan Hutang Pada Perjanjian Kredit Bank Prayogi, Muhammad Rizki; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13782

ABSTRACT: Regulation of the Government Number 24 Year 2022 on Creative Economy, Article 7 in this regulation states that in the implementation of intellectual property-based financing schemes, financial institutions, whether banks or non-bank financial institutions, are allowed to use intellectual property as collateral for loans. In its implementation, there are still various challenges and obstacles faced, including the difficulty of determining the value of copyright, the lack of clear concepts related to feasibility, and the absence of execution rules from the Bank Indonesia (BI), Financial Services Authority (OJK), and Banking related to intellectual property assets as loan collateral. The method of research used is legal normative, which examines legal materials such as legislation, legal theory, and scholars' opinions to solve the problem being studied. The purpose is to find out and explain the position of copyright as collateral in bank credit agreements and the legal strength of copyright as collateral in bank credit agreements. The results of this research indicate that the position of copyright as collateral in bank credit agreements has been regulated in the Copyright Law and the Government Regulation on Creative Economy. However, its implementation is still hindered due to the lack of policies from Bank Indonesia (BI) and the Financial Services Authority (OJK).

Penyuluhan Hukum Terhadap Hak Pengelolahan Wisata Pantai Untuk Mendukung Pendapatan Adat Di Negeri Eti Kabupaten Seram Bagian Barat Menurut Perspektif Kesejahteraan Masyarakat Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2323

Introduction: Management Rights originating from State Land and Ulayat Land. Management rights originating from State land are granted to Central Government Agencies, Regional Governments, State-Owned Enterprises/Regional-Owned Legal Entities, Land Bank Agencies or legal entities appointed by the Central Government. Meanwhile, management rights originating from Ulayat Land are assigned to customary law communities. However, in managing tourism itself, it is necessary to pay attention to the impact and intersection of customs or culture of the community around the tourist destination area.Purposes of Devotion: The purpose of writing this article is to provide legal understanding and education to the people of Negeri Eti, West Seram Regency regarding the use of beach tourism to improve the welfare of the people of the Traditional Country. Method of Devotion: Legal education activities in Eti country are carried out using a panel discussion method where the presenters present the material in turns, then followed by questions and answers between the presenters and the community.Results of the Devotion: Developing tourism potential in an area certainly requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. With the existence of Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources in Eti Village, West Seram District, Maluku Province, Eti Village can implement it to provide welfare for coastal indigenous communities in the future.

Pembatalan Merek PT. Sumatra Tobacco Trading Company Akibat Persamaan Pada Pokoknya Dengan Merek Dagang Starbuck Corporation Matakena, Anjelin Jei; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16059

In the world of trade, related to a brand used on a product, as regulated in Act Number 20 of 2016, concerning Brand and Geographical Indications. Brands are a form of intellectual work that play an important role in the effectiveness and improvement of trade in goods and services. Brands are also a differentiating factor, with each good and service having their own personalized apperance, so that consumers can easily recognize a good or service. However, legal regulations in the field of brands and geographical indications do not fully support the registration of trademarks in Indonesia, which caused similarities between brands. This can be seen in the brand cancellation issue between Starbucks Corporation and PT Sumatra Tobacco Company (STTC) which was caused by trademark similarities. The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the brand registration between Starbucks Corporation and PT.Sumatra Tobacco Company (STTC) experienced trademark similarities, which essentially resulted in a brand cancellation. The legal consequences of a brand cancellation that occur consists of PT. Sumatra Tobacco Company (STTC) to no longer use the "STARBUCKS" trademark and that the Starbucks company is the full rights-holder for the "STARBUCKS" trademark. As a result of the large number of cases of brand cancellations that have occurred, the government and the Director General of Intellectual Property Rights as the authority for brand registration needs to give more attention in terms of supervising and accepting trademark registration. Likewise, the companies has to be educated regarding registering their brands and its trademarks.

Perlindungan Hukum Terhadap Pelanggan Jasa Telekomunikasi Dalam Registrasi Kartu Seluler Prabayar Melalui Gerai Alfons, Gilberth; Saija, Ronald; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16084

Technological advancements in Indonesia have made life easier for the public, particularly in telecommunications with the advent of smartphones. However, this technology also brings the risk of cybercrime. To protect personal data, the government mandates the registration of prepaid cards with National Identification Numbers (NIK) and Family Card numbers (KK). Nevertheless, the legal protection of personal data in this process remains a subject of debate. This research aims to understand the form of legal protection for personal data of telecommunications service users in light of the mandatory registration of prepaid cards and the legal implications of this registration requirement. This research employs a normative legal study of descriptive-analytical nature and uses a statutory approach. What There are two forms of legal protection for personal data under the prepaid card registration law: preventive and repressive. Preventive protection is provided by Article 17 of the Minister of Communication and Informatics Regulation No. 12 of 2016 (amended by Regulation No. 21 of 2017) and Article 15 of Regulation No. 20 of 2016 on Data Protection. Repressive protection is under Article 95A of Law No. 24 of 2013 on Population Administration and Article 51(1) of Law No. 19 of 2016 on ITE. Legal implications include mandatory registration, centralized validation, penalties for data leaks, and restrictions on data disclosure.

Perlindungan Hukum Bagi Debitur Terhadap Kreditur Pada Perjanjian Kredit Di Koperasi Simpan Pinjam Sapardi, Gabriela; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v5i2.16171

Law Number 17 of 2012 regulates cooperatives, one form of which is savings and loan cooperatives which aims to improve the welfare of members in particular and society in general, as well as being an inseparable part of a democratic and just national economic order, but in reality cooperatives savings and loans are very difficult for members or the community as debtors because the agreement is only made unilaterally, namely from the cooperative and there is no clarity regarding fines and interest if the debtor is late in paying, this makes the debtor feel very disadvantaged. This research method is a normative method that is descriptive. Which consists of research types, the problem approach used is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The research results show that the implementation of credit in savings and loan cooperatives begins with entering into a credit agreement, the parties have rights and obligations that must be fulfilled. Debtors are obliged to pay installments, fines and interest, while creditors have an obligation to pay installments, provide explanations and understanding to debtors about the contents of the agreement, payment of installments, fines and interest. Legal protection for debtors in credit agreements, namely preventive legal protection and repressive legal protection. Preventive Legal Protection means that the debtor receives clear information regarding the rights and obligations contained in the contents of the credit agreement between the debtor and the cooperative, while Repressive Legal Protection is an effort to resolve problems when a dispute occurs. In this case, the debtor can submit complaints and complaints to the Financial Services Authority (OJK) if they feel disadvantaged. Therefore, cooperatives must be more selective in providing loans to debtors, so that the loans provided do not have problems because this can disrupt the cooperative's finances. And the cooperative must supervise the debtor in using the loan so that the loan can be returned to the cooperative in accordance with the agreement. The government, in this case, the OJK, must increase supervision of savings and loan cooperatives, the OJK must supervise the regulations made by the cooperative. The community must increase financial literacy by providing gradual socialization about the benefits and risks of using cooperatives.

Penyelesaian Hukum Terhadap Nasabah Lembaga Keuangan Bukan Bank Yang Terdampak Pandemi Covid-19 Waremra, Merlin Clara; Berlianty, Teng; Pariela, Marselo Valentino Geovani
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2453

Introduction: Bunas Finance Indonesia (BFI) is a company that serves loans with vehicle and house certificate guarantees, therefore Bunas Finance Indonesia (BFI) provides credit to customers with a period ranging from 12 months to 48 months or depending on the loan product chosen by the customer, if the customer experiences a delay in payment, a fine of 0.5% or 0.3% per day of the loan made. However, currently the world has been hit by an Extraordinary Event in the form of the Covid-19 pandemic caused by the SARS-CoV-2 virus which infected the first individual in Wuhan and then spread to all corners of the world, including IndonesiaPurposes of the Research: This study aims to determine and explain the effect of the Covid-19 pandemic on Bunas Finance Indonesia (BFI) customers in carrying out payment obligations. To find out and explain legal settlements for customers of Bunas Finance Indonesia (BFI) as a non-bank financial institution affected by the Covid-19 pandemicMethods of the Research: This research is legal research. This research is normative legal research or library law research where it is in the form of legal theory, studied data, laws and regulations, and court decisions.Results of the Research: From the results of the research, companies that provide Bunas Finance Indonesia (BFI) can be held accountable for defaulting on customers in financial settlements so that customers can get the vehicles they own.

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